Tenants Win Against Improper Eviction: Khan v Tomaszewski 2024
Tenants successfully defend against landlord's eviction attempt by challenging noise allegations and invalid rent increase notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
1237A Woodbine Avenue, Toronto, ON M4C4E5
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Jun 2024
Order Date
Sep 3, 2024
Dispute Summary
Landlord applied to terminate tenancy and evict Tenants for non-payment of rent and alleged substantial interference through noise disturbances and improper parking.
Determinations
- N4 notice invalid due to improper rent increase notice
- No evidence of substantial noise interference
- No proof of damage to residential premises
- Tenant's meditation log contradicted noise allegations
Case Study
The Board found insufficient evidence to support the Landlord's claims of substantial interference and invalid rent increase notice.
Arguments and Actions
Landlord
Arguments
Tenants use residential unit inconsistently with residential premises
Actions
Claimed tenants disturb office workers with music practice and video games
Procedural Errors
Invalid rent increase notice, unsubstantiated noise complaints
Aggravating Factors
Attempted retaliatory eviction after tenant's bylaw complaint
Tenant
Arguments
Landlord failed to provide evidence of noise complaints, requested proof which was not provided
Actions
Tenants complained to City Bylaw about unit issues, provided meditation log to counter noise allegations
Decision Summary
Both the L1 and L2 applications were dismissed. The rent increase notice was found invalid, and there was insufficient evidence to prove substantial interference.
Adjudicator Details
LTB Member
Total Orders
30
Landlord Favorable
80.0%
Tenant Favorable
13.3%
Mutual Agreement
6.7%
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Financial Details
Rent Arrears
$88
Source
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